Many people have heard stories buzzing around social media and other news sources about people taking video or pictures of people without their consent. Where does the law fall in line with this type of crime? Video voyeurism is a punishable crime in the state of Florida. To put it simply, video voyeurism is when someone videos an unaware individual in an intimate situation. The state of Florida identifies video voyeurism by the following:
- A person is unknowingly videos while dressing, undressing, or in any other way exposing their body that would otherwise be done in private.
- A person is unknowingly videoed through or under their clothing in order to expose their body or under garments.
Additionally, video voyeurism is generally conducted as a means for entertainment and/or sexual gratification.
Punishment for the Crime
There are different levels of punishment based largely on the age of the offender and the age of the victim. The classification of punishment is as follows:
Offender over the age of 19:
- The crime is classified as a third-degree felony
- Up to 5 years in prison
- Up to 5 years of probation
- Up to $5,000 in fines
Additionally, if the offender is over the age of 19 and convicted of the crime, then their criminal record may not be sealed.
Offender under the age of 19:
- The crime is classified as a first-degree misdemeanor
- Up to 1 year in jail
- Up to 1 year of probation
- Up to $1,000 fine
Likewise, if the victim of voyeurism is a child then the following is also included:
- The crime is classified as a second-degree felony
- Up to 15 years in prison
- Up to 15 years of probation
- Up to $10,000 fines
The same penalties apply if there has been a previous conviction of voyeurism.
Potential Defense Strategies
While voyeurism charges are certainly serious, there are certain defense strategies for this type of case. For example, the expectation of privacy has to be clear. The prosecution must prove that the alleged victim would have assumed that they were in a private situation. For example, a nudist beach would imply that a person was there knowing that their private parts would be exposed for others to see. However, please note it could possibly still be illegal to take video of a person in the nude without their permission.
Another potential defense is if there is security surveillance posted and in use. While it is not lawful to post surveillance in a public restroom or other private setting, if a person undresses in clear shot of a lawfully installed camera, then the conviction will not uphold.
Florida Criminal Defense
If you or someone you know is in need of quality legal defense, reach out to Attorney Scott Skier of West Palm Beach, Florida. Attorney Skier has the experience and knowledge that covers many criminal cases. Allow his skill to work for you! Reach out to him today for a free, no obligation, consultation. He is waiting to hear from you.